Description

Instruction No 1 21.12 [1994 New] Verdict Directing--Actions Against Health Care Providers--Lost Chance of Recovery (Non­Death) Cases--No Comparative Fault-- Multiple Negligent Acts Your verdict must be for plaintiff if you believe: First, defendant (state the name ) either: (here set out act or omission complained of ), or (here set out alternative act or omission complained of ), and Second, plaintiff then had a material chance of [survival] [recovery], and Third, defendant, in any one or more of the respects submitted in paragraph First, was thereby negligent, and Fourth, as a direct result of such negligence, plaintiff lost [all] [or] [a material part of] such chance of [survival] [recovery]. * [unless you believe plaintiff is not entitled to recover by reason of Instruction Number (here insert number of affirmative defense instruction ) ].